Word: digitales
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Dates: during 2000-2009
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Tenenbaum, a 25-year-old graduate student at Boston University, stands accused of illegally downloading 30 music files using Kazaa. Under the 1999 Digital Theft Deterrence Act, he faces maximum penalties of $150,000 damages per file, or $4.5 million total, if found guilty.
Such a defense, if successful, would have also introduced a novel meaning of copyright law as it applies to digital media. Nesson's argument, Gertner said, would have legalized any downloading of copyrighted material so long as it was used for a person's private enjoyment.
It will be only the second case to see trial under the landmark Digital Theft Deterrence Act—which imposes up to $150,000 in penalties for each instance of willful copyright infringement. Approximately 30,000 people have settled fines averaging $3,000 to $12,000 out of court...
A well-known proponent for freedom of Internet use, Nesson wrote that he does not dispute the need for copyright laws. Instead, he wrote, existing copyright laws should be modified to reflect the evolving social norms of a digital, interconnected world.
If Nesson's strategy succeeds, the case could set a precedent that legalizes all non-commercial file-sharing, on the grounds that such behavior in a digital society does not violate existing copyright laws.